Section 2: Individual Labor Relations

Chapter 1: Basic Principles of Employment Relation

• 1. Interrelation of Legal Sources
  •  1.1 Guarantee of Minimum Working Conditions (1)
  •  1.2 Validity of Working Conditions Below Minimum Standards (1)
  •  1.3 Principle of Equal Determination of Working Conditions in Individual Contract (1)
  •  1.4 Validity of degrading Working Conditions by Collective Agreement (1)
  •  1.5 Validity of Collective Agreement and Application of Principle of Good Faith (1)
  •  1.6 Order of Priority in Regulation of Labor Relations (1)
• 2. Equal Treatment and Prohibition of Discrimination
  •  2.1 Equal Pay for Work of Equal Value (1)
  •  2.2 Discriminatory Treatment Based on Social Status in Working Conditions (1)
  •  2.3 Grounds for Prohibition of Discrimination Based on Type of Employment and Principle of Equal Treatment (1)
• 3.Prohibition of Intermediary Exploitation
  •  3.1 Prohibition of Intermediary Exploitation (1)

Chapter 2: Waiting for Employment after Signing

• 1. Legal Nature and Effect of Agreement made for regular employment
  •  1.1 Legal Nature of Rescission of Agreement made for regular employment (1)
  •  1.2 Burden of Proof for Formation of Agreement made for regular employment (1)
• 2. Justification of Rescission of Agreement made for regular employment
  •  2.1 Rescission of Agreement made for regular employmentor for Managerial Reason (1)
  •  2.2 Rescission of Agreement made for regular employment and Wage Claim Right (1)
• 3. Rescission of Agreement made for regular employment and Liability for Damages
  •  3.1 Rescission of Agreement made for regular employment and Liability for Damages (1)

Chapter 3: Trial Employment and Probation

• 1. Legal Nature and Effect of Trial Employment
  •  1.1 Formation of Trial Employment Contract (1)
  •  1.2 Duration of Trial Employment (1)
  •  1.3 Evaluation of Job Eligibility and Exercise of Reserved Right of rescission (2)
  •  1.4 Additional Reasons for Exercising Reserved Right of Rescision After the Conclusion of Trial Employment Contract (1)
• 2. Justification for Refusing Regular Employment
  •  2.1 Unreasonable Evaluation for the purpose of interfering with Union Activity (1)
  •  2.2 Failure to Submit Driving Career Certificate Not Specified in Employment Rules (1)
  •  2.3 Neglect of Duty and Work Accident During Trial Employment (1)
  •  2.4 Failure to Perform Non-mandatory Holiday Work, and Permitted Early Leave/going out (1)
• 3. Refusal of Regular Employment and Obligation of Written Notification under the Labor Standards Act
  •  3.1 Refusal of Regular Employment and Obligation of Written Notification under the Labor Standards Act (1)
• 4. Trial Employment Period Included in Total Period of Continuous Empoyment under Article 4 of the Fixed-Term Employment Act
  •  4.1 Trial Employment Period Included in Total Period of Continuous Empoyment under Article 4 of the Fixed-Term Employment Act (1)

Chapter 4: Personnel Appointments

• 1. Tranfer of Job and Transfer of Workplace
  •  1.1 Meaning of Transfer of Job and Transfer of Workplace
  •   (1) Ground for Issuing the Right to Order Transfer of Job (1)
  •   (2) Criteria for Estimating Whether or not Personnel Transfer of Job Amounts to Abuse of Right (1)
  •  1.2 Judgment of Justification In Case that Work Content and Location are Specified
  •   (1) Case where Employee's Consent is Deemed Necessary (1)
  •   (2) Case where Comprehensive Prior Consent was Deemed Present (1)
  •   (3) Case where Implicit Employee's Consent was Deemed Present (1)
  •  1.3 Judgment of Justification in Case that Work Content and Location are Not Specified
  •   (1) Criteria for Justification (1)
  •   (2) Concept of Business Necessity for Judgmennt of Justification (1)
  •   (3) Case where it was Deemed Not Suitable as a Means for Managerial Necessity (1)
  •   (4) Estimation of Financial Disadvange (Scope of Financial Disadvantage Ordinarily Tolerable) (1)
  •   (5) Sincere Consultation Procedure for Measures of Transfer of Job (1)
  •   (6) Relation between Order of Transfer of Job and Disciplinary Action (1)
  •   (7) Order of Transfer of Workplace Violating Agreement Procedure with Labor Union (1)
• 2. Transfer of Company
  •  2.1 Transfer of Company and Employment Relation
  •   (1) Conditions for Validity of Records Without Consent (1)
  •   (2) Transfer of Company Based on Company's Unilateral Management Policy (1)
  •  2.2 Transfer of Company and Procedure for Obtaining Employee's Consent
  •   (1) Case where Transfer of Company Without Employee;s Consent Were Deemed Invalid (1)
  •   (2) Conditions for Validity of Comprehensive Prior Consent to Order of Intercorporate Personnel Transfer (1)
  •   (3) Comprehensive Prior Consent to Unilateral Order of Tranfer of Company (1)
  •  2.3 Transfer of Company and Succession of Employment Relation
  •   (1) Succession of Employment Relation during Company Split (1)
  •   (2) Transfer of Company Resulting from Establishment of Subsidiary Company (1)
• 3. Suspension (from Duties) with Pay
  •  3.1 Meaning of Suspension with Pay
  •   (1) Concept of Suspension with Pay (1)
  •   (2) Relation between Suspension with Payand Disciplinary Action (1)
  •   (3) Suspension with Pay Based on Employer's Managerial Necessity and Leave of Absence (1)
  •  3.2 Judgment of Justification for Suspension with Pay
  •   (1) Principle of Judgment of Justification (1)
  •   (2) Validity of Measures of an Unfairly Long Suspension with Pay (1)
  •   (3) Case where Justification was Judged Solely Based on the Existence of Reason for Suspension with Pay (1)
  •   (4) Suspension with Pay Based on Reasons other than those specified in Personnel Regulations (1)
  •   (5) Judgment of Procedural Legitimacy of Suspension with Pay (1)
  •  3.3 Suspension with Pay and Employment Relation
  •   (1) Suspension with Pay and Duty to Go to Work (1)
  •   (2) Suspension with Pay and Natural Retirement (1)
  •   (3) Need for Remedy for invalidated Suspension with Pay (1)
  •   (4) Need for Sue for Suspension with Pay Leading to Autonatic Dismissal (1)
• 4. Other Personnel Appoinments
  •  4.1 Effect of Personnel Order Infringing General Freedom of Action under the Constitution (1)
  •  4.2 Justification of Ordered Leave of Absence by Reason of Criminal Prosecution (1)

Chapter 5: Corporate Change

• 1. Employment Relation Due to Business Transfer
  •  1.1 Business Transfer and Succession of Employment Relation (2)
  •  1.2 Business Transfer and Succession of Employment Rules (1)
  •  1.3 Employment Relation and Succession of Collective Agreement (1)
  •  1.4 Business Transfer and Period of Continuous Employment (1)
  •  1.5 Partial Transfer of Business and Employee's Right to Refuse Succession (1)
• 2. Employment Relation Due to Merger and Company Split
  •  2.1 Succession of Employment Relation Due to Merger (1)
  •  2.2 Working Conditions After Succession of Employment Relation Due to Merger (1)
  •  2.3 Merger and Succession of Collective Agreement (1)
  •  2.4 Public Enterprise Merger and Succession of Employment Rules (1)
  •  2.5 Company Split and Succession of Employment Relation (1)
• 3. Employment Relation Due to Change of Consignment/Trustee Company, etc
  •  3.1 Change of Trustee Company and Disapproval of Comprehensive Succession of Employment Relation (1)
  •  3.2 Denial of Employment Succession for the Employee Dismissed Before Consignment/Trust Contract (1)
  •  3.3 Employment Succession Practice and Obligation to Rehire (1)
  •  3.4 Change of Service Company and Implicit Business Transfer Agreement (1)
  •  3.5 Change of Service Company and Contract for the Benefir of a Third Person (1)
• 4. Incorporation, etc According to Regulation of Law and Administrative Measure, and Employment Relation
  •  4.1 Succession of Employment Relation Due to Establishment of Public Institution (2)
  •  4.2 Establishment of Special Corporation and Succession of Wage Claim (1)
  •  4.3 Integration and Abolishment of Institutions Based on Administrative Agency Guidelines and Employment Relation (1)
  •  4.4 Contractual Transfer Decision for Insolvent Financial Institution and Employment Succession (1)

Chapter 6: Disciplinary Action

• 1. Reasons for Disciplinary Action
  •  1.1 Justifiable Disciplinary Reasons Based on Employment Rules (1)
  •  1.2 Effectiveness of Disciplinary Measures In Case that Only Some of Disciplinary Reasons Are Recognized (1)
  •  1.3 Justification for Disciplinary Dismissal by Reason of Falsification of One's Own Career (1)
  •  1.4 Justification for Disciplinary Action for Refusal to Submit Written Explanation (1)
  •  1.5 Justification for Disciplinary Action Regarding Personal Misdeed (1)
  •  1.6 Justification for Disciplinary Action for Violating Prohibition of Competitive Business/Concurrent Offices (1)
  •  1.7 Justification for Disciplinary Action for Posting Unauthorized Content (1)
• 2. Severity of Disciplinary Action
  •  2.1 Criteria for Determining the Severity of Disciplinary Action (2)
  •  2.2 Scope of Extenuating Circumstances for the Severity of Disciplinary Action (1)
• 3. Disciplinary Procedure
  •  3.1 Violation of the Notification Obligation for Disciplinary Committee Meeting Date and Place (1)
  •  3.2 Normative Effect of Collective Agreement Provisions on Dismissal Reason and Procedure (1)
  •  3.3 Applicability of Disciplinary Procedure for Ordinary Dismissal and Natural Retirement Measure (3)
  •  3.4 Qualifications and Appointment of Employee Representative on Disciplinary Committee (2)
  •  3.5 Application for Challenge against Disciplinary Committee Member (1)
  •  3.6 Attendance of the Interested Parties Violating Exclusion Rules at Disciplinary Committee Meeting (2)
  •  3.7 Abuse and Waiver of Prior Agreement Right by Labor Union (2)
  •  3.8 Effect of Disciplinary Action Violating Disciplinary Retrial Procedure (1)
  •  3.9 Remediation of Procedural Defects (1)
• 4. Criteria for Judgment related to Sexual Harassment
  •  4.1 Requirements, Burden of Proof, and Degree of Proof for Sexual Harassment as Grounds for Disciplinary Action (1)
  •  4.2 Determination of the Severity of Dismissal Due to Sexual Harassment at Work (1)
• 5. Disciplinary (extinctive) Prescription, etc
  •  5.1 Disciplinary (extinctive) Prescription (2)
  •  5.2 Reduction in Retirement Benefit (1)

Chapter 7: Dismissal

• 1. Meaning of Dismissal
  •  1.1 Concept of Dismissal (2)
  •  1.2 Effect of Involuntary Dismissal (1)
  •  1.3 Judgment of Justification for Dismissal of Low Performaner (1)
  •  1.4 Business Closure and Ordinary Dismissal (1)
• 2. Meaning of Dismissal for Managerial Reasons
  •  2.1 Requirements for the Validity of Dismissal for Managerial Reasons (1)
  •  2.2 Effects of Termination for Management Reasons Contrary to Employment Stabilization Agreements (1)
• 3. Determination of Urgent Managerial Necessity
  •  3.1 Urgent Managerial Necessity in Case Where Separate Corporations Are Operated as a Single Unit (1)
  •  3.2 Urgent Managerial Necessity in Case of Cumulative Deficit Over Several Years (1)
  •  3.3 Management Deterioration in Some Business Sectors of A Profitable Company (1)
  •  3.4 Timing of Determining Urgent Managerial Necessity (1)
  •  3.5 Urgent Managerial Necessity in Multiple Business Sectors (1)
• 4. Efforts to Avoid Dismissal and Criteria for Selecting Those Persons Subject to Dismissal
  •  4.1 Fulfillment of Efforts to Avoid Termination (1)
  •  4.2 Criteria for Selecting Those Persons Subject to Dismissal for Managerial Reasons (1)
• 5. Consultation with Employee Representative(s)
  •  5.1 Concept of Employee Representative(s) as Consultation Partner in Dismissal for Management Reasons (1)
  •  5.2 Counterpart for Prior Consultation in Case of Dismissal for Managerial Reasons (1)
  •  5.3 Effect of Dismissal Agreement Clauses in Collective Agreement (1)
• 6. Legitimacy of Dismisssal Procedure
  •  6.1 Written Notification of Dismisssal (1)
  •  6.2 Dismisssal Notification via Email (1)
• 7. Relations between Unfair Dismissal and Liability for Illegal Act/Default of Obligation
  •  7.1 Unfair Dismissal and Liability for Illegal Act (1)
  •  7.2 Liability for Illegal Act in Case of Disguised Closure (1)
  •  7.3 Liability for Compensation in Case of Unfair Dismissal (1)
  •  7.5 Liability for Damages Due to Employer's Failure to Reinstate (1)
  •  7.5 Unfair Dismissal and Deduction of Intermediate Income (1)

Chapter 8: Expiration of Employment Contract

• 1. Limits on Employment Period in Fixed Term Employment Contract
  •  1.1 Conversion of Fixed-Term Employee to Non-fixed Term Contract Status Due to Exceeding 2 Years of Employment (1)
  •  1.2 Recognition of Continuity in Repeatedly Renewed Fixed Term Employment Contract (1)
• 2. Case of Recognizing and Denying De Facto Non-fixed Term Contract
  •  2.1 Recognition of De Facto Non-fixed term Employment Contract (1)
  •  2.2 Denial of De Facto Non-fixed term Employment Contract (1)
• 3. Fixed-Term Employee's Right to Expect Contract Renewal and His(Her) Right to Expect Conversion to Non-fixed Term Employment Contract
  •  3.1 Criteria for Recognizing Right to Expect Contract Renewal (1)
  •  3.2 Recognition of Right to Expect Contract Renewal Based on Renewal-related Applicable Provisions (1)
  •  3.3 Recognition of Right to Expect Contract Renewal Based on Forming a Trust Relationship Related to Renewal (1)
  •  3.4 Right to Expect Contract Renewal in Exceptions of Restriction on Period of Fixed Term Employment (1)
  •  3.5 Criteria for Recognizing Right to Expect Contract Renewal After Passing the Retirement Age (1)
  •  3.6 Criteria for Recognizing Right to Expect Conversion to Non-fixed Term Employment Contract (1)
  •  3.7 Denial of Right to Expect Conversion to Non-fixed Term Employment Contract in Consideration of All Circumstances surrounding the Employment Relation (1)
• 4. Reasonable Reasons for Refusing Contract Renewal and Conversion to Non-fixed Term Employment Contract
  •  4.1 Burden of Proof for Reasonable Reasons and Concrete Criteria for Judgment (1)
  •  4.2 Recognition of Reasonable Reasons for Refusing Contract Renewal Based on the Evaluation that guatantees Objectivity and Fairness (1)
  •  4.3 Recognition of Reasonable Reasons for Refusing Contract Renewal Based on the Physical Condition of Bus Driver (1)
  •  4.4 Non-recognition of Reasonable Reasons for Refusing Contract Renewal for the Purpose of Evading Restrictions on Employment Period under the Fixed-Term Employment Act (1)
  •  4.5 Requirments for Recognizing Reasonable Reasons for Refusing Contract Renewal on Large-Scale (1)
• 5. Exceptions to Restriction on Employment Period in Fixed-Term Employment Contract
  •  5.1 Case Where Jobs are Provided in Accordance with Welfare Policies and Unemployment Measures, etc (1)
  •  5.2 Determination of Whether the Exceptional Circumstances of the Limitation Period Apply in Cases Not Considered as Teaching Assistants under the Higher Education Act (1)
  •  5.3 Period of Service Applicable as Exception to Restriction on Employment Period under the Fixed-Term Employment Act (1)
  •  5.4 Whether or Not Exceeding 2 Years of Employment Period in Case Where Period of Service Applicable as Exception to Restriction on Employment Period is Mixed with Period of Service Non-applicable as it. (1)

Chapter 9: Termination of Other Employment Relations

• 1. Reasons for Terminating Employment Relation
  •  1.1 Types of Reasons for Terminating Employment Relation (1)
  •  1.2 Termination of Employment Relation Due to the Coming of Retirement Age
  •   (1) Legal Nature of Notification of Regular Retirement (1)
  •   (2) Starting Date of the Calculation of Retirement Age (1)
• 2. Resignation, and Termination of Employment Relation Via Rescisison for Future by Agreement
  •  2.1 Voluntary Resignation (3)
  •  2.2 Rescission by Agreement (2)
  •  2.3 Early Voluntary Retirement (2)
  •  2.4 Submission of Resignation, and Effect of Rescission for Future by agreement (4)
• 3. Declaration of Untrue Intention of Resignation
  •  3.1 Concept of True Intention in Regard to Declaration of Untrue Intention (2)
  •  3.2 Burden of Proof for Declaration of Untrue Intention (1)
  •  3.3 Submission of Letter of Resignation as a Formality to Demonstrate Accountability for Quality Deficiency (1)
  •  3.4 Formal Submission of Letter of Resignation on the Premise of Reemployment (1)
  •  3.5 Submission of Resignation Letter After Receiving Disciplinary Dismissal (1)
  •  3.6 Submission of Resignation Letter in a Situation Where Disciplinary Dismissal is Anticipated (1)
  •  3.7 Selective Acceptance of Resignation Letters Following Employer's Instruction to Tender Resignation Letters En Bloc (1)
  •  3.8 Submission of Resignation Letters by Employees in Response to Employer's Instruction to Tender Resignation Letters En Bloc (1)
  •  3.9 Employees' Applications for Early Voluntary Retirement in Response to Employer's Instruction to Submit Early Voluntary Retirement Applications En Bloc (1)
  •  3.10 Application for Voluntary Retirement After Deeming Voluntary Retirement as the Best Option (1)
  •  3.11 Submission of Resignation Letter to Evade Application of Article 4, Paragraph 2 of the Fixed-Term Employment Act (1)
• 4. Declaration of Resignation Intention under Coercion and by Fraud, etc
  •  4.1 Submission of Resignation Letters After Employer's Selecting Those Persons Subject to Personnel Reduction (1)
  •  4.2 Unilateral Retirement Recommendation or Inducement on One Party of In-house Spouses (2)
  •  4.3 Application for Voluntary Retirement Due to Suspension with Pay and Notification of Ex Officio Dismissal from Office (1)
  •  4.4 Submission of Resignation Letter Due to Employer's Verbal Abuse and Violence, etc (1)
  •  4.5 Submission of Resignation Letters After the Upcoming Company Situation is Exaggerated More or Less and Disadvantages are Explained (1)
  •  4.6 Submission of Resignation Letters Due to Special Retirement Recommendation (1)
  •  4.7 Submission of Applications of Voluntary Retirement Due to Implicit Indication of Personnel Disadvantages by the Employer (1)
• 5. Withdrawal of Declaration of Resignation Intention
  •  5.1 Withdrawal of Voluntary Resignation (4)
  •  5.2 Withdrawal of Voluntary Retirement Offer (2)
  •  5.3 Withdrawal of Acceptance of Early Voluntary Retirement (1)
• 6. Burden of Proof for Reasons for Termination of Employment Relation
  •  6.1 Case where Burden of Proof was Imposed on the Employee (1)
  •  6.2 Case where Burden of Proof was Imposed on the Employer (1)

Chapter 10: Employment Relation in (Sub)Contract and Dispatch Contract, etc

• 1. Implied Contract of Employment
  •  1.1 Application of the Legal Principle of Disregard of Corporate Entity for Disguised (Sub)Contracting (1)
  •  1.2 Recognition of Implied contract of Employment for Employees of a Third-Party (1)
  •  1.3 Recognition of Implied Contract of Employment in Dispatch Relation in Form (1)
  •  1.4 Non-recognition of Implied Contract of Employment in Passenger Service Work (1)
• 2. Worker Dispatch Relations
  •  2.1 Main Criteria for Distinguishing between (Sub)Contract and Dispatch
  •   (1) Criteria for Distinguishing between (Sub)Contract and Dispatch (2)
  •   (2) Performing Simple Repetitive Tasks after Placed in Automobile Fitting-out Process (1)
  •   (3) Work in Accordance with the Operational Rules of Large Supermarket, and Direction and Order (1)
  •  2.2 Deemed as Direct Employment
  •   (1) Recognition of Legitimate (Sub)Contract, Though Some Work Was Done in Common (1)
  •   (2) Application of Illegal Worker Dispatch Deemed as Direct Employment (1)
  •   (3) When the Main Contractor Assigned Jobs and Managed Attendance, Even if There Were No Routine Job Directions (1)
  •   (4) Determination of Whether or Not Amounting to Worker Dispatch Based on the Substance of Employment Relation (1)
  •   (5) Determination of Working Conditions for Workers Deemed as Directly Employed (2)
  •   (6) Effect of Collective Agreement on Working Conditions for Workers Deemed as Directly Employed (1)
  •  2.3 Obligation of Direct Employment
  •   (1) Determination of Dispatch Period and Change of Dispatch Employer (1)
  •   (2) Nature of Driver Service Contract Work and Significant Supervision and Control (1)
  •   (3) Continuation of Work and Supervision and Control after Change of Monitoring Agent's Service Provider (1)
  •   (4) Separated Work Space and Significant Supervision and Control (1)

Chapter 11: Remedies for Discrimination against Non-Regular Workers

• 1. Requirements for Remedial Action Requests
  •  1.1 Recognition of Eligibility of the Affected Party for Remedial Action, Even in Matters of Wages (1)
  •  1.2 Continuation of Discriminatory Treatment in Wage Payment Qualifies as Ongoing Discrimination (1)
  •  1.3 Recognition of Remedy Benefits Even After the Expiry of the Employment Contract (1)
• 2. Comparable Workers
  •  2.1 Existence of Comparable Workers
  •   (1) Determination of Similarity of Work Duties When There Is No Substantial Difference in the Content of Primary Duties (2)
  •   (2) Determination of Similarity of Work Duties When There Is No Significant Qualitative Difference in Job Performance (1)
  •   (3) Recognition of Predecessor as a Comparison Employee for a Worker Hired as a Substitute During Leave (1)
  •   (4) Comparison Employee is Not Limited to Workers Who Have Entered into a Labor Contract under Judicial Decision (1)
  •  2.2 Selection of Comparison Employees When There Are Multiple Regular Employees Engaged in Similar Work (2)
• 3. Expansion Trend of Areas Prohibited from Discrimination
  •  3.1 Conceptual Expansion of Areas Prohibited from Discrimination (1)
  •  3.2 Intersection of Other Legal Violations and Areas Prohibited from Discrimination (1)
• 4. Unfavorable Treatment
  •  4.1 Criteria for Determining the Existence of Unfavorable Treatment (1)
  •  4.2 Methods for Comparing the Existence of Unfavorable Treatment (1)
• 5. Reasonable Reasons
  •  5.1 Assessment of the Existence of Rational Reasons Based on the Principles of Prohibition of Arbitrary Discrimination and Proportionality (1)
  •  5.2 Recognition of Rational Reasons for Not Including the Period of Fixed-term Employment in the Calculation Period for Long Service Allowance (1)
  •  5.3 Rejection of Reasons for Non-Payment of Long Service Allowance in the Case of Repeated Renewal of Fixed-term Employment Contracts (1)
  •  5.4 Reemployment After Regular Retirement (1)
• 6. Distinctiveness of Monetary Compensation Orders as Corrective Orders
  •  6.1 Distinctiveness of Monetary Compensation Orders as Corrective Orders (1)

Section 1: Parties and Need for Remedy 

Section 3: Collective Industrial Relations